State v. Jackson

Summary

The Seventh District Court of Appeals of Ohio affirmed Davante L. Jackson’s convictions and sentence for fentanyl-related trafficking and possession, drug trafficking and possession, and tampering with evidence. The court rejected his claims that counsel was ineffective for withdrawing a motion to suppress and that his no-contest plea was not knowingly, intelligently, and voluntarily entered. The court concluded that the record did not establish ineffective assistance and that the trial court substantially complied with Crim.R. 11(C)(2).

Holdings

1. Jackson failed to establish ineffective assistance of counsel because the record did not demonstrate a valid ground for suppression, his assertions concerning probable cause were speculative and unsupported by the appellate record, withdrawing the motion could have been a matter of trial strategy or plea negotiation, and he failed to show prejudice.
2. Jackson's no contest plea was knowingly, intelligently, and voluntarily entered because the trial court strictly complied with Crim.R. 11(C)(2) as to constitutional rights and substantially complied as to nonconstitutional rights, and the court addressed his lack of initial awareness of the withdrawn suppression motion by allowing consultation with counsel and confirming that his questions had been answered.

Questions Presented

1. Whether trial counsel rendered ineffective assistance by withdrawing a motion to suppress without Jackson's prior knowledge.
2. Whether Jackson's no contest plea was unknowing, unintelligent, or involuntary because he allegedly did not understand the consequences of the withdrawn suppression motion and the rights waived by the plea.

Disposition

affirmed